Ex parte RUDNICK et al. - Page 2




          Appeal No. 95-1640                                                          
          Application 07/752,138                                                      


               The claims are directed to a process for the preparation               
          of a high-temperature stable monoalkylated lubricant fluid or               
          lubricant additive and also to the lubricant fluid.                         
               Claim 31 is illustrative of the subject matter on appeal               
          and reads as follows:                                                       
               31. A process for the preparation of a high-                           
               temperature stable monoalkylated lubricant fluid or                    
               lubricant additive comprising catalytically reacting                   
               in the presence of a zeolite catalyst selected from                    
               the group consisting of zeolite beta, zeolite Y,                       
               ZSM-12 and MCM-22 (1) a hydrocarbyl substituent                        
               precursor, having at least one olefinic group and                      
               optionally containing S, N, O, P, F, or mixtures                       
               thereof, and (2) a thianthrene and wherein said                        
               hydrocarbyl substituent is selected from the group                     
               consisting of alkyl, alkenyl, alkynyl, arylalkyl, or                   
               aryl, cyclic or linear containing from 3 to about                      
               500 carbons wherein the reaction temperature varies                    
               from ambient to about 350 C, the molar ratio of saido                                             
               hydrocarbyl substituent precursor to thianthrene                       
               varies from 1:1 about 10:1 and the amount of                           
               catalyst varies from 5 to about 100 grams of                           
               catalyst to about 1 mole of thianthrene.                               
               The reference relied upon by the examiner is:                          
          Forbus et al. (Forbus)       5,171,915       Dec. 15, 1992                  
               Claims 31, 34, 35, and 38-42 stand rejected under 35                   
          U.S.C.  102(e) as anticipated by and under 35 U.S.C.  103 as              
          unpatentable over Forbus.  We reverse both rejections.                      
                                       Opinion                                        

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